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Corporate Directors' Liability During Financial Distress

In a financial crisis, acting early changes the options available to companies and creditors. Financial difficulty does not suspend directors' duties of loyalty and care. Conduct in response to warning signs matters.

What to keep in mind

Review available liquidity information, board decisions, transactions with insiders and the timing and effect of management measures.

Ignoring severe risks or diverting assets may increase personal exposure.

Distinctions often confused

Business failure alone is not automatic proof of directors' wrongdoing.

Frequently asked questions

Are directors liable whenever a company becomes insolvent?
No. Individual acts, breaches, damage and causation must be assessed.
Should decisions during a crisis be documented contemporaneously?
Yes. Reliable minutes and supporting analyses can be important.

Informational content. It is not a substitute for professional advice.